RAJESH JHALANI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioners-A2 and A3 under Sec. 482 Cr.P.C. to quash the proceedings in CC No.351 of 2013 on the file of IX Metropolitan Magistrate, Kukatpally, Cyberabad, taken on file against them for the offence under Sec. 420 IPC.

(2.) The 2nd respondent filed a private complaint before the IX Metropolitan Magistrate, Cyberabad at Miyapur, which was referred to the police and the police registered the same as Crime No.300 of 2012 for the offence under Sec. 420 read with 34 IPC against Accused Nos.1 to 4 and after completing investigation, the Sub- Inspector of Police, Madhapur Police Station, Cyberabad filed charge sheet against A2 to A4 showing them as A1 to A3 by deleting the company as A1.

(3.) The complainant in his private complaint stated that it was a company incorporated under the Companies Act, represented by its Chief Finance Officer authorised by the Board of Directors by resolution passed on 17/4/2012. The accused persons, representing M/s.Logic Eastern (India) (P) Ltd., approached the complainant and promised several enhancements to the complainant company and induced the complainant into entering into a Memorandum of Understanding (MOU). The complainant fell prey to the promises of the accused. The terms of Memorandum of Understanding dtd. 3/8/2010 contemplate that the complainant should pay amount to accused and the complainant would be paid back the amount with interest at 18% per annum. The accused also promised under clause-